Prüm Convention
The Prüm Convention (sometimes known as Schengen III Agreement[1]) is a treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany. The convention was joined later by other members of the Schengen Agreement.
The treaty was based on an initiative by the then German Minister Otto Schily from mid-2003.[2] Core elements of the concention were picked up by EU Council Decision 2008/615/JHA on 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.[3]
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[edit] Contents of the Convention
The Convention was adopted so as to enable the signatories to exchange data regarding DNA, fingerprints and Vehicle registration of concerned persons and to cooperate against terrorism. It also contains provisions for the deployment of armed sky marshals on flights between signatory states, joint police patrols, entry of (armed) police forces into the territory of another state for the prevention of immediate danger (hot pursuit), and cooperation in case of mass events or disasters. Furthermore, a police officer responsible for an operation in a state may, in principle, decide to what degree the police forces of the other states that were taking part in the operation could use their weapons or exercise other powers.
[edit] Relation to the European Union
The Convention was adopted outside of the European Union framework (and its mechanism of Enhanced co-operation), but asserts that it is open for accession by any Member state of the European Union and that:
provisions of this Convention shall only apply in so far as they are compatible with European Union law ... [EU law] should take precedence in applying the relevant provisions of this Convention
— Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration, Article 47
Additionally the text of the Convention and its annexes were circulated on 7 July 2005 between the delegations to the Council of the European Union.
Part of the Convention provisions, falling under the former third pillar of the EU, were later subsumed into the police and judicial cooperation provisions of European Union law by 2008 Council Decisions,[3][4] commonly referred to as the Prüm Decision. It provides for Law Enforcement Cooperation in criminal matters primarily related to exchange of Fingerprint, DNA (both on a hit no-hit basis) and Vehicle owner registration (direct access via the EUCARIS system) data. The data exchange provisions are to be implemented in 2012. The rest of the provisions of the Convention falling under the former third pillar are not yet adopted into EU law.
[edit] Parties to the convention
The Convention is applied between:[5]
- Austria (since 1 November 2006)
- Belgium (since 6 May 2007)
- Bulgaria (since 23 August 2009)[6]
- Estonia (since 22 December 2008)
- Finland (since 17 June 2007)
- France (since 31 December 2007)
- Germany (since 23 November 2006)
- Hungary (since 14 January 2008)[7]
- Italy (since 30 September 2009)[8][9]
- Luxembourg (since 9 May 2007)
- the Netherlands (since 20 May 2008)
- Norway (since 25 November 2009)[10][clarification needed]
- Romania (since 3 March 2009)
- Slovakia (since 28 May 2009)[11]
- Slovenia (since 8 August 2007)
- Spain (since 1 November 2006)
The following countries have applied to accede:[12]
[edit] Notes
- ^ Christopher Walsch (July 2009). "Europeanization and Democracy: Negotiating the Prüm Treaty and the Schengen III Agreement". Croatian Political Science Review 45 (5). http://hrcak.srce.hr/39933?lang=en. Retrieved 29 August 2010.
- ^ The Treaty of Prüm: A Replay of Schengen?
- ^ a b OJ L 210, 6 August 2008, p. 1
- ^ Decision 2008/616/2008 implementing 2008/615/2008
- ^ UN Treaty database, Title: "Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, The French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria concerning the intensification of cross-border cooperation, particularly in the fight against terrorism, cross-border crime and illegal migration", Registration Number: I-46562
- ^ Ministry of Interior, report, p5: "Ratified by the Republic of Bulgaria Prüm Treaty enters into force for Bulgaria on August 23, 2009."
- ^ Hungary Profile
- ^ Testo della Legge 30 giugno 2009, n. 8 "Adesione della Repubblica italiana al Trattato concluso il 27 maggio 2005 tra il Regno del Belgio, la Repubblica federale di Germania, il Regno di Spagna, la Repubblica francese, il Granducato di Lussemburgo, il Regno dei Paesi Bassi e la Repubblica d'Austria, relativo all'approfondimento della cooperazione transfrontaliera, in particolare allo scopo di contrastare il terrorismo, la criminalità transfrontaliera e la migrazione illegale (Trattato di Prum). Istituzione della banca dati nazionale del DNA e del laboratorio centrale per la banca dati nazionale del DNA. Delega al Governo per l'istituzione dei ruoli tecnici del Corpo di polizia penitenziaria. Modifiche al codice di procedura penale in materia di accertamenti tecnici idonei ad incidere sulla libertà personale" pubblicata nella Gazzetta Ufficiale n. 160 del 13 luglio 2009 - Supplemento ordinario n. 108.
- ^ In vigore il Trattato di Prum, ok alla banca dati del Dna
- ^ Norwegen tritt dem Vertrag von Prüm bei
- ^ Signature, Ratification, Entry into force
- ^ Legal arrangements of data exchange mechanisms of the Prüm-Convention, p4
[edit] See also
[edit] External links
- Text of the Prüm Convention
- The Prüm Process: Playing or abusing the system?
- The Prüm Regime: Situated Dis/Empowerment in Transnational DNA Profile Exchange, see: [1]
